PARITOSH K.MUKHERJEE, J. - (1.) This is an appeal against the judgment and order passed by Mr. Justice T.K. Basu dated Aug. 31,1981, in CR No. 5907(W) of 1981, whereby the learned Judge made the Rule absolute, and quashed the impugned order of cancellation of M. R. Dealership of the writ petitioner, the respondent herein.
(2.) In the present appeal before us, Mr. Samarendra Nath Dutta, learned Advocate for the State of West Bengal and others, the appellants, led by the learned Government pleader, at the very outset, submits that since the writ petitioner is a "Modified Ration Dealer" and appointed under an agreement, entered into between the petitioner and the State Government, against the cancellation of the M. R. Dealership of the writ petitioner and the learned Judge should have dismissed the writ petition.
(3.) The learned Government Pleader further submits that as there was substantial compliance with the principles of natural justice by giving two show cause notices to the petitioner, one on April 4, 1981, which is Annexure "A" to the writ petition and the other on April 23, 1981, which is Annexure "D" to the writ petition and the petitioner having submitted replies to the said show cause notices, and the order of cancellation having been passed by the authority having jurisdiction to pass such order, the learned Judge should not have interfered with the same.;